UKPC - Grace Period Query

SingleQuestionAccount6132

Hi everyone! I have a fairly simple question with a little backstory.

I received a private PCN through the mail from UKPC. I've appealed this PCN and unsurprisingly, it was rejected.

The ticket was for "parking during restricted times", being 00:30 until 05:00 in a business park car park. I was parked from 23:51 until, according to them, 00:49 (the time I fully left the premises). These times were recorded through ANPR cameras.

However, my dashcam shows me being fully parked at 23:52 and returning to my vehicle at 00:34, and I stayed with the car there after driving around the business park with my mates. I have recordings from 00:34 and 00:42 (engine on). The car park was empty and all businesses closed, so no loss to the businesses. The ticket is 60 but will rise to 100 if my POPLA appeal is rejected.

Should I take this to POPLA or just pay? 

Many Thanks.

Coupon-mad

Never pay. You never will. Not even if this goes to court because you have proof the car was no longer parked after 00.34am. And because we ALWAYS beat UKPC claims.

But yes try to win this at POPLA with your evidence that proves you were not "parked during restricted times" therefore the PCN was not properly given.

SingleQuestionAccount6132

Coupon-mad said:

Never pay. You never will. Not even if this goes to court because you have proof the car was no longer parked after 00.34am. And because we ALWAYS beat UKPC claims.

But yes try to win this at POPLA with your evidence that proves you were not "parked during restricted times" therefore the PCN was not properly given.

We actually had 4 cars on-site, but only 2 got tickets despite me leaving first, which is strange as well. Given the fact that I have these timestamps for videos 

• 00:33:36 until 00:34:06 [return to car + car opening]
• 00:41:28 until 00:42:24 [engine on messing around and popping hood]
• 00:46:57 until 00:48:57:57 [actually driving around, not even in space])

A couple more questions XD

1. That depends on the definition of "parked", though, no?
2. How would an appeal to POPLA actually look in this situation?
3. What are the chances of actually winning the appeal? 

Coupon-mad

but only 2 got tickets

I'd be EXTREMELY concerned that the two who didn't get PCNs, either have lease/company cars OR their V5C addresses are out of date and therefore, PCNs have gone to whatever address is on their logbooks. This is a huge issue. Tell them to check.

Re yours:
Just send whatever POPLA Appeal you put together. The NEWBIES thread post 3 already tells everyone which boxes to tick and what points to make at POPLA stage.

It doesn't matter if it loses. You'll never pay because at court, they discontinue. No cost.

James_Poisson

Anpr records time on site, forget the parking argument for POPLA it won't wash, they will say you shouldn't have been on site during restricted hours according to signs.

Which brings in your argument that the signage is therefore stating no unauthorised parking during those times so no contract was formed they cannot charge you for what they are not offering.

SingleQuestionAccount6132

Just writing the appeal and I have a question. The images UKPC have provided show the vehicle headlights and number plate, but all other details are pitch black (can JUST about see the outline of the bumper), although there is a date and time stamp in the top left. Is this a point worth chasing?

SingleQuestionAccount6132

I should add that the ANPR cameras are not even in the car park but at the entrance and exit to the site itself (around the corner from the actual parking spaces)

Coupon-mad

"forget the parking argument for POPLA "

I respectfully disagree due to the allegation on the NTK, if indeed it says "parked during restricted times". 

SingleQuestionAccount6132

Coupon-mad said:

"forget the parking argument for POPLA "

I respectfully disagree due to the allegation on the NTK, if indeed it says "parked during restricted times". 

The actual NtK states and i quote, "The vehicle was recorded on our client's private property at [location] from [time]. The vehicle was present on site during the restricted no parking period" it doesn't even state that i was parked just that i was there during that time.

SingleQuestionAccount6132

There are no signs stating that the vehicle cannot be on site during a restricted time. Only that parking is restricted at certain times.

James_Poisson

SingleQuestionAccount6132 said:

There are no signs stating that the vehicle cannot be on site during a restricted time. Only that parking is restricted at certain times.

It's trespass no contract was offered.